Letter: Child support must avoid 'formula fetishism'
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Sir: Your leading article 'Child support: Major's poll tax?' (23 December) today requires clarification. So-called 'Clean Break' Orders have never been anything more than a clean break between spouses, because the courts have never had the power to terminate completely obligations to maintain children.
Although in some cases the courts have attempted to go as far as they can down this road by making no award, or a nominal award only in respect of a child, the door to future claims for child maintenance has never been completely closed in such cases.
The important difference is that in an application to a court to award child maintenance following a Clean Break Order, the court would undoubtedly take account of the previous clean break arrangements, but the Child Support Agency takes no such account and is free to operate as though an otherwise perfectly valid court order did not exist.
It seems to me that in thus stepping outside the established legal framework and creating a new set of rules of its own, presumably in order to produce the result it wants, the Government is setting a dangerous precedent.
Perhaps, to redress the balance, the Government should amend the Matrimonial Causes Act 1973 so as to permit a review of Clean Break Orders where a Child Support maintenance assessment is subsequently made.
Yours faithfully,
J. R. GUDGEON
Partner
P. T. Ryan & Co. (Solicitors)
King's Lynn,
Norfolk
23 December
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments